Kansa China
021- 8618 1617                          customerservice@kansachina.com
Welome to Kansa China
首页 Home >> 肯萨观点 >> Foreigners Employment in China
新闻中心
NEWS CENTER
Foreigners Employment in China
来源:立马说法公众号 | 作者:肯萨公司事业部 | 发布时间: 2706天前 | 638 次浏览 | 分享到:
外国人在中国就业，是指没有取得定居权的外国人在中国境内依法从事社会劳动并获取劳动报酬的行为。The term 'foreign employee working in China' as used in these Regulations refers to the behavior of engaging in social labor and receiving remunerations in accordance with the law by foreigners who have not obtained permits to reside in China.
外国人在中国就业，是指没有取得定居权的外国人在中国境内依法从事社会劳动并获取劳动报酬的行为。
The term 'foreign employee working in China' as used in these Regulations refers to the behavior of engaging in social labor and receiving remunerations in accordance with the law by foreigners who have not obtained permits to reside in China.


在中国就业的外国人应持职业签证入境（有互免签证协议的，按协议办理），入境后取得《外国人就业证》（以下简称就业证）和外国人居留证件，方可在中国境内就业。
Foreigners seeking employment in China must enter China with occupational visas (Z Visa) and may be employed only after obtaining Work Permit and Residential Certificate for foreigners. 


Ⅰ 外国人在上海就业条件 Requirements for foreigners seeking employment
1. Having reached the age of 18 and being in good health.  In general, male's age shall range from 18 to 60 and female's age shall range from 18 to 55.
2. Possessing the professional skills needed for and corresponding work experience in the work. 
3. Free from criminal records. 
4. Having specific employers. 
5. Possessing a valid passport or other international travel documents that can be substituted for a passport


Ⅱ 就业的程序和许可 Employment Procedure and Permission
Step 1、申请就业许可 Certificates of Permission
The foreigners who work in Shanghai (including those who receive the labor remuneration overseas and are sent to work in Shanghai for over 3 months) shall apply for the  Document of Permit for Employment (herein after referred to Certificates of Permission) 
Company shall apply to the Shanghai Labor Bureau for the Certificates of Permission for Employment and provide the following documents before the foreigners who are planned to be employed enter China:
1. The letter of application which is submitted by the employing unit to employ the foreigners;
2. The Application Form for Engaging Foreigners as Employees which is correctly filled in;
3. The supporting documents for the working experience and education degree of the foreigners who are planned to be employed;
4. The qualification certificate for the work of the foreigners who are planned to be employed;
5. The business license and approval certificate of the employing unit;
6. The duplicate of the passport of the foreigners who are planned to be employed; and
7. Other documents which are related to Article 5 of these Opinions;
The qualification certificate mentioned in Item 4 refers to the prospective foreigners' relevant valid technical skill certificate issued by the relevant organization or the qualification certificate which is issued by the foreigners' original working unit to prove that the foreigners have been engaged in the work relating to the current post.


Step 2. 发出通知签证函 Visa Notice Letter
Those employers that have obtained the approval to employ foreigners may not directly issue certificates of permission to the foreigners to be employed. The authorized entities shall issue Visa Notice Letter and Certificates of Permission to the foreigners to be employed instead.


Step 3. 申请职业签证/工作签证 Z Visa
The foreigners who are approved to work in Shanghai shall, on the basis of the said  Visa Notice Letter and Certificates of Permission, apply for transacting the employment visa at the Chinese embassies and consulates overseas. 
 Where the foreigners hold OTHER visa to enter China and apply for the Document of Permit for Employment, they shall leave China after acquiring the Certificates of Permission and reapply for the employment visa to enter China. 


Step 4. 办理就业证 Work Permit
The employing units shall, within 15 days after the employed foreigners enter China, hold the following valid documents to transact the Employment Permit at the Shanghai Labor Bureau:
1. The application letter which is issued by the employing units to transact the Employment Permit;
2. The Registration Form for Employment of Foreigners in duplicate which are correctly filled in;
3. The Document of Certificates of Permission;
4. The valid passport of the employed foreigners;
5. The health certificate of foreigners which is issued or confirmed by the health quarantine departments of provinces, autonomous regions and municipalities directly under the Central Government;
6. The labor contract which is signed by the employing unit and the employed foreigners; 
7 Three recent certificate photos (2-inch) of the employed foreigners.


Step 5. 办理居留许可 Residence Certificate
The foreigners who have acquired the Employment Permit shall, within 30 days after entering China, hold the Employment Permit to apply for transacting the Residence Certificate at the Shanghai Ministry of Public Security.




Ⅲ 违反就业规定的法律后果  Legal Liabilities
Foreigners who work in China illegally shall be fined not less than RMB 5,000 but not more than RMB 20,000 yuan; where circumstances are serious, they shall be detained for not less than five days but not more than fifteen days and shall also be fined not less than RMB 5,000 yuan but not more than RMB 20,000 yuan.
Persons who introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of not more than RMB 50,000 yuan in total; and entities that introduce jobs to ineligible foreigners shall be fined RMB 5,000 yuan for each job illegally introduced to one foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.
Individuals or entities that illegally employ foreigners shall be fined RMB 10,000 yuan for each illegally employed foreigner, with a cap of RMB 100,000 yuan in total; and the illegal gains, if any, shall be confiscated.